Answer By law4u team
In India, wearing a helmet while riding a two-wheeler is mandatory not only for the rider but also for the pillion rider (the person riding as a passenger). This regulation is set by the Motor Vehicles Act to promote road safety and reduce fatalities or serious injuries in the event of accidents. Despite being one of the simplest ways to prevent fatal injuries in crashes, many riders and passengers often neglect to wear helmets, resulting in fines and penalties. To curb this behavior, the government has made it a legal requirement for both riders and pillion riders to wear helmets.
Details on Helmet Requirements for Pillion Riders:
Legal Obligation for Both Rider and Pillion:
Under Section 129 of the Motor Vehicles Act, 1988, it is clearly stated that both the rider and the pillion rider must wear helmets while riding a two-wheeler. This law applies to all areas in India, and the intention is to protect individuals from severe head injuries during accidents.
The law not only requires that the helmet be worn but also mandates that the helmet should meet specific safety standards. The helmet must be ISI-certified (Indian Standards Institute), ensuring that it provides adequate protection.
Penalties for Non-Compliance:
If the pillion rider is found not wearing a helmet, the rider (driver) will be penalized. The fine for not wearing a helmet is typically ₹1,000 under Section 194D of the Motor Vehicles Act.
The rider is responsible for ensuring that the pillion rider is also wearing a helmet, meaning that the fine is issued to the rider, not the pillion, for this violation.
Enforcement of the Law:
Traffic police enforce the helmet law during regular checks or when accidents occur. If the pillion rider is caught without a helmet, the police issue the fine to the rider of the vehicle.
This law applies to both private and commercial vehicles (such as taxis, auto-rickshaws, etc.) where there is a pillion rider. In some cities, heavier fines may be levied for repeat offenders or if other safety regulations are also violated.
Helmet Quality and Certification:
The helmet worn by both the rider and the pillion rider should be ISI-marked. Non-compliance with this regulation, such as wearing a non-certified or damaged helmet, may lead to an additional fine or the rider being asked to replace the helmet with a certified one.
The government is strict about enforcing helmet quality because a poorly constructed helmet cannot provide adequate protection during an accident, making it ineffective in saving lives.
Repeat Violations:
In the case of repeated offenses, fines can increase, and in certain extreme cases, the rider's license may be suspended temporarily. This can happen if an individual consistently violates the helmet rule or other important traffic laws.
Traffic police may also ask habitual offenders to attend road safety programs to help educate them on the importance of helmet safety.
Exceptions to the Rule:
While the law is generally enforced across India, there are some exemptions in certain states or cities for specific types of riders, such as women, children, or certain emergency service workers (like police and medical staff). However, these exemptions are very limited and vary across jurisdictions.
In rural areas or regions with less traffic, enforcement of the helmet rule might not be as strict, but the law still applies.
Importance of Helmets for Pillion Riders:
Head Injury Prevention:
Helmets play a critical role in reducing the risk of head injuries during an accident. In two-wheeler accidents, the head is the most vulnerable part of the body, and helmets can absorb impact and reduce the likelihood of fatal or life-threatening head trauma.
Road Safety and Awareness:
By enforcing helmet use, the government aims to promote road safety and encourage a culture of caution and responsibility. Wearing helmets is not just about following the law, but also about preventing unnecessary loss of life and long-term injuries.
For pillion riders, who are often less focused on the road and more vulnerable to accidents, helmets are even more critical. They provide protection not just for the rider but also for those riding as passengers who may not have control over the vehicle.
Insurance Claims and Legal Protection:
Insurance coverage can be affected if the rider or pillion is found not wearing a helmet in the event of an accident. Insurance companies may reduce the payout or refuse to compensate if they discover that the rider or pillion violated traffic laws related to safety gear.
From a legal standpoint, if a pillion rider is involved in an accident while not wearing a helmet, it could be seen as contributory negligence, affecting liability or compensation claims.
Example:
Suppose a rider in Chennai is stopped by traffic police for not wearing a helmet while riding with a pillion passenger who is also helmetless. The rider will be fined ₹1,000 as per the law. In a second instance, the same rider is caught again for the same violation, and the fine may be increased. In some cases, the rider’s driving license might be suspended for repeat violations, and they could be asked to attend road safety workshops.
